System for implementing radio commerce

ABSTRACT

The present invention is a computer based system that allows digital audio broadcasters to produce an entertaining interactive flow of digital information for commercial purposes, place advertising within it, control the timing, flow and occurrence of that data as it will be delivered to a consumer. This system is called R-COMMERCE.™

CROSS-REFERENCE TO RELATED APPLICATION

[0001] This application claims priority from a now abandoned provisionalapplication, U.S. Ser. No. 60/188,050, filed March 9, 2000, thedisclosure of which is hereby incorporated herein by reference.

BACKGROUND OF THE INVENTION

[0002] In-Band On-Channel (IBOC) is an emerging Digital AudioBroadcasting (DAB) technology, developed by iBiquity Digital, Inc., thatenables radio broadcasters to transmit digital data (“the data”) overtheir current analog transmission frequencies—which are typically usedfor the transmission of audio broadcasts. IBOC technology has theability to create a “hybrid” signal that can simultaneously send analog(“audio”) and digital data. The digital data can be digitally compressedanalog (“audio”) data, instructions for rendering visual components(“visual data”) on an IBOC DAB receiver, or information for otherdata-specific services. For example, digital data could potentiallyrender visual components such as artist/song title information, newsheadlines, digital audio traffic reports or other information that couldbe valuable to a radio listener. U.S. Pat. No. 5,757,854 discusses thesecapabilities in greater detail.

[0003] This invention also relates to advertising and the companies thatserve the advertising industry in the capacity of creatingadvertisements for a specific medium as well as the development ofintelligent tools to efficiently and strategically place advertisements.With regards to advertising on the World Wide Web, multiple companieshave developed creative tools for the production of “web banners” andweb pages where those banners are typically found. DoubleClick, Inc.,has developed and patented a process for intelligently distributingthese banners across a network of web sites for maximum reach andefficiency.

[0004] This invention also relates to the aggregation of content frommultiple providers and the redistribution and repurposing of thatcontent for different media. InfoSpace is perhaps the clearest exampleof a company whose core business is to aggregate content from multipleproviders into a central space that is repackaged and licensed to otherentities wishing to utilize that content—such as other web sites andwireless network providers. For example, InfoSpace collects content on amultitude of subjects and then licenses that content (or selected“chunks” of that content) to Verizon Wireless, a wireless communicationscompany, for the purposes of supplying their WAP enabled users contentto their mobile phones.

[0005] Other digital radio patents include the following; U.S. Pat. No.6,148,007, U.S. Pat. No. 6,128,350, U.S. Pat. No. 6,128,334, U.S. Pat.No. 6,108,810, U.S. Pat. No. 6,005,886, U.S. Pat. No. 5,956,624, U.S.Pat. No. 5,956,373, U.S. Pat. No. 5,949,813, U.S. Pat. No. 5,930,687,U.S. Pat. No. 5,903,598, U.S. Pat. No. 5,898,732, U.S. Pat. No.5,878,089, U.S. Pat. No. 5,850,415, U.S. Pat. No. 5,809,065, U.S. Pat.No. 5,764,706, U.S. Pat. No. 5,745,525, U.S. Pat. No. 5,703,954, U.S.Pat. No. 5,633,896, U.S. Pat. No. 5,465,396, U.S. Pat. No. 5,315,583,U.S. Pat. No. 5,278,844, U.S. Pat. No. 5,278,826, the disclosures ofwhich are hereby incorporated herein by reference.

SUMMARY OF THE INVENTION

[0006] The present invention embodies a series of sub-systems(cooperating hardware and software) that allow a broadcaster to utilizeIBOC technology to broadcast digitized data (“data”) along with thedigital audio (“audio”) that enhances the value of a radio broadcast.This process shall herein be referred to as “data-casting” or“broadcasting” and the broadcast itself can be referred to as a“data-cast”. Additionally, embodiments of the present inventionadvantageously provide a useful and unrealized commercial utility, radiocommerce (“rCommerce”), to an existing IBOC technology.

[0007] Certain embodiments provide a methodology and a system forcreating data, managing data, associating data with audio, schedulingdata for broadcast, and tracking production and sales information inregards to the data. Furthermore these embodiments provide a methodologyand a system for identifying characteristics of the audio and the datathat trigger the transmission of data within a broadcast as well ascharacteristics regarding the continuity of the data presentation, suchas the timing and positioning during the broadcast.

[0008] Other embodiments of the present invention provide a methodologyand a system for connecting individual broadcasters engaged indata-casting such that a single piece of data can be produced once andbroadcast by all of the connected broadcasters. This is referred to fromtime-to-time herein as the “network” of broadcasters. Furtherembodiments of the invention provide a methodology and a system forcentrally locating data within the network as well as a methodology anda system for moving data throughout the network.

[0009] Certain embodiments provide a methodology and a system for usingthe characteristics of the desired audience for a particular piece ofdata in combination with the identifiable characteristics regarding theaudience of broadcasters within the network to schedule data throughoutthe network in a way that is optimal for the data. A basic example ofthis would be the scheduling of data designed as an advertisement to bebroadcast by broadcasters within the network whose audiencecharacteristics most closely match the desired characteristics of theadvertiser.

[0010] Other embodiments of the invention provide a methodology and asystem for monitoring the activity of a broadcast, identifyingindividual audio elements within the broadcast, matching the criteria ofthe audio elements against the broadcast characteristics of all of thedata available for the broadcast, and selecting the appropriate piecesof data for broadcast.

[0011] Further embodiments of the invention provide a methodology and asystem for packaging a set of data with audio such that the timing ofthe presentation of one or more parts of the data can be correlated withthe timing of events in the audio and this relationship can beunderstood by a device that renders the audio and the datasimultaneously. A simple example of this would be to have a particularphrase of a song appear on a screen connected to the receiver as thephrase was being heard audibly. Furthermore, these embodiments provide amethodology and system for repeating the data within the package of dataand audio to ensure that the receiver device receives all of the dataand that the data can be fully received for presentation at any pointduring the broadcast.

[0012] An additional embodiment of the invention provides a methodologyand a system for encoding the data with instructions that allow for thetransmission of the data and the instructions to a device that canperform a task identified by the instructions.

[0013] The present invention thus creates a framework and suite of toolsfor IBOC broadcasters (herein referred to as “broadcaster” or“datacaster”) to create, manage and schedule digital data fortransmission over their radio broadcast. The invention enables them togenerate revenue from the transmission of digital data throughadvertising sponsorships, direct response fees, commerce transactions,and other revenue producing methods which are herein referred to as“rCommerce” or “radio commerce.”

[0014] Additionally, the present invention creates a network ofdatacasters consisting of every radio station that uses the invention,which is used by the assignee of this application, Impulse Radio, Inc.,for rCommerce revenue through the efficient and strategic distributionof Impulse Radio, Inc., clients' digital data. Finally, the presentinvention develops the mechanisms by which all digital data travelsthrough, and is accounted for in, the network of datacasters, regardlessof the destination, purpose, or source of the digital data.

[0015] Specifically, the present invention defines a multipurpose device(herein referred to as “the black box” or “Internet appliance” anddiscussed in greater detail below that is responsible for the 1)temporary storage and constant dissemination of digital data to a DABradio station, 2) communication with the invention's data repository toupdate digital data and 3) monitoring a DAB radio station's audiobroadcast system for the presence of “opportunistic avails” in whichcommercial and non-commercial digital data is inserted.

[0016] The present invention is important because it providesbroadcasters a “turn-key” solution for the development and management ofdigital data broadcast to their audiences. Some broadcasters will preferto transmit digital data that are largely visual components designed toenhance the experience of the audio broadcast. Some broadcasters willprefer to transmit digital data that are higher-quality (in relation tothe analog signal) audio signals, with little or no thought to visualcomponents. Some broadcasters will even forgo audio altogether andutilize IBOC technology to transmit digital data for otherpoint-to-multipoint data services.

[0017] The present invention is also important because it provides auseful commercial utility, radio commerce, to an existing IBOCtechnology. Currently the only commercial application for IBOC is thehybrid delivery of digital audio broadcasting. Commercial initiatives toincrease the sound quality of an audio broadcast are underway bytransmission equipment manufacturers and iBiquity Digital. Thisinvention enables and makes commercial use of IBOC's data transmissioncapabilities that are currently unrealized.

[0018] The present invention is also important because it fundamentallychanges the nature of a radio broadcast by adding datacast elements toan audio medium. In addition, it fundamentally changes the entertainmentvalue of radio for a consumer through the use of these datacast elementsand allowing the consumer to interact with them by way of response—i.e.,the essence of “radio commerce.”

[0019] The present invention will clearly be of great importance toradio broadcasters. Currently, a radio broadcaster can derive revenuefrom approximately 20% of his available airtime in a best-case scenario.The present invention offers broadcasters the opportunity to transformthe datacast elements into visual and adjunct audio advertisements andbroadcast these datacast elements simultaneously with their traditionalaudio programming, in effect, tripling their current amount ofadvertising inventory. This increase allows a broadcaster to reachconsumers with much greater frequency. Moreover, the present inventionincreases the value of a broadcaster's traditional audio advertisingspot as it provides the ability to broadcast datacast elements that aredesigned as specific enhancements to the advertisement.

[0020] The present invention is likewise important to advertisersbecause the datacast elements offer heretofore unavailable creativeopportunities for reaching consumers through the radio—including brandimages, product photos, special audio messages and the like. Suchdatacast elements present advertisers the ability to have their brandmessages displayed, not just heard, to captive radio audiences. Inaddition, it allows advertisers the ability to utilize the radio withmuch greater frequency, interactivity and creative value—anotherimportant aspect of “radio commerce.”

[0021] Despite the use of IBOC technology, the present invention helpsstreamline the process for broadcasters while also creating theopportunity for revenue generation, specifically through the process ofdelivering compelling digital data to a broadcaster'saudience—advertising, as well as the ability to interact with abroadcast, including the purchase of goods and services. Thebroadcaster's audience (“consumer”) need not receive digital datathrough IBOC radio receivers exclusively, but will also be able toreceive digital data from datacasters through other IBOC enabled devicessuch as handheld information devices, cellular phones, billboards andcomputers which have IBOC chips sets.

[0022] One embodiment of the present invention comprises acomputer-based system that allows broadcasters to produce and broadcastdigital data (herein referenced as “datacast”), both adjunct audio dataand visually rendered data (herein referenced as “datacast elements”),which includes content, advertising, and interactivity. The system isdesigned to do the following:

[0023] (1) Manage and aggregate content from third party sources;

[0024] (2) Offer the ability for a broadcaster to create content fordatacast over an IBOC signal;

[0025] (3) Offer the ability for a broadcaster to manage and sell visualadvertising within the datacast

[0026] (4) When used specifically to augment and enhance an analog audiobroadcast, regardless of programming format, monitor that broadcast andretrieve appropriate digital data to coincide with it;

[0027] (5) Permit consumers to respond to advertisements and purchasegoods and services via a non-IBOC return path; and

[0028] (6) Package scheduled data in a format appropriate to dispense toan IBOC encoding device

[0029] Fundamentally, the present invention provides three keyfunctions. First, it enhances the entertainment value of a radiobroadcast by giving consumers datacast elements that enhance their radio“listening” experience through the distribution of visual components andadjunct, on-demand, digital audio components. Second, it givesbroadcasters compelling reasons to convert to DAB because it providesthem with an incremental revenue stream through the use of a system thatis efficient, easy to use, inexpensive and requires little to noadditional station resources or expense. Finally, the datacasttechnology is flexible, allowing the ability to support multiplereceiver display capabilities thus all consumers, despite the inevitablemarket of receivers with varying ability, will be able to enjoy thedatacast and the datacast elements.

[0030] For purposes of creating the datacast, the present invention hasbeen designed to aggregate content from multiple providers, assignbroadcast rules and parameters (herein referenced as “broadcastinstructions”) to the aggregated content via web based applications, andaccept sales orders for advertisements interspersed in the datacast viaweb based applications. Additionally, the aggregated content,advertisements, and broadcast instructions are packaged as a datacastand distributed to the appropriate station's multipurpose Internetappliance (or “black box”). The device then monitors the station'sanalog audio broadcast for opportunistic commercial and non-commercialavailabilities within the broadcast, queues appropriate datacastelements according to those availabilities and the datacastinstructions, and then interfaces with an IBOC encoding device toproduce the datacast.

[0031] Thus, one embodiment of the present invention provides a methodfor providing data for a digital audio broadcast comprising the stepsof:

[0032] (a) selecting content for the broadcast;

[0033] (b) selling advertising time for content selected;

[0034] (c) creating data for content selected and advertising time sold;

[0035] (d) aggregating content and advertising data together;

[0036] (e) transferring aggregated content and data to a remote sight;and

[0037] (f) incorporating transferred aggregate into digital audiobroadcast.

[0038] Preferably this method gives the user the ability to track theselection of content, advertising time sold, and creation of advertisingdata. Advantageously, the method further comprises a step of receivingconsumer responses to aggregate content and advertisement.

[0039] Web based software is one preferred aspect of the presentinvention. For example, the selection of content may be accomplishedusing web-based software. Similarly, one preferred method for theselling of advertising time is accomplished using web-based software.Likewise, a preferred method for the creation of data for ad time soldis accomplished using web-based software. The tracking of selection ofcontent, advertising time sold and the creation of content may alsopreferably be accomplished using web-based software.

[0040] It should be noted that the present invention can include eithervisual content or audio content or both. For example, in one preferredaspect of this invention the broadcast is visual in nature. In anotherpreferred aspect of the invention the ad data is visual in nature.

[0041] More particularly, the present invention provides a method forproviding data for a digital audio broadcast comprising the steps of:

[0042] (a) selecting content for the broadcast in a data repository;

[0043] (b) selling advertising time for content selected in a datarepository;

[0044] (c) creating data for content selected and advertising time soldin a data repository;

[0045] (d) aggregating content and advertising data together in a datarepository;

[0046] (e) transferring aggregated content and data to a remote sight ona data network; and

[0047] (f) incorporating transferred aggregate into digital audiobroadcast via an Internet appliance.

[0048] Advantageously, step (a) may further include the following steps:

[0049] (1) selecting the time at which the content will be broadcast;

[0050] (2) selecting the length of time the content will be broadcast;

[0051] (3) selecting the frequency of broadcast;

[0052] (4) selecting if the content will correspond to an audio portionof the digital audio broadcast;

[0053] (5) selecting the location of content on receiving device;

[0054] (6) selecting the specific station from which it will broadcast;and

[0055] (7) selecting the starting and ending dates for conducting theabove steps.

[0056] Advantageously, step (b) may further include the following steps:

[0057] (1) selecting the criteria for advertisement;

[0058] (2) selecting the time at which the content will be broadcast;

[0059] (3) selecting the length of time the content will be broadcast;

[0060] (4) selecting the frequency of broadcast;

[0061] (5) selecting if the content will correspond to an audio portionof the digital audio broadcast;

[0062] (6) selecting the location of content on receiving device;

[0063] (7) selecting the specific station from which it will broadcast;

[0064] (8) selecting the unit price or cost for broadcasting data; and

[0065] (9) selecting the starting and ending dates for conducting theabove steps.

[0066] Advantageously, step (c) may further include the following steps:

[0067] (1) viewing the parameters from steps (a) and (b);

[0068] (2) uploading or downloading data for creation; and

[0069] (3) complying with standards for digital audio broadcast.

[0070] Advantageously, step (f) includes the following step performed bythe Internet appliance; namely, dynamically calculating OpportunisticCommercial Avails and Opportunistic Non-Commercial Avails throughconstant or intermittent monitoring of the audio broadcast.

[0071] Data packaging for the present invention is preferablyaccomplished using standardized XML schema. Transfer of aggregatedcontent and data to a remote sight on a data network (i.e., step (e)) ispreferably accomplished using HTTP/SSL communication.

[0072] Another preferred embodiment of the present invention comprises asystem for providing data for a digital audio broadcast having thefollowing integrated components:

[0073] (1) a central server where the data for the digital broadcast iscompiled;

[0074] (2) a data network for transferring the compiled data; and

[0075] (3) an Internet appliance for receiving the transferred data andincorporating the data into the digital audio broadcast.

[0076] Advantageously this system provides the user with the ability totrack the selection of content, advertising time sold, and creation ofadvertising data. In addition, this system further provides data storagefor receiving consumer response to aggregate content and advertisement.Preferably, the selection of content is accomplished using web-basedsoftware. Likewise, the selling of advertising time is preferablyaccomplished using web-based software. In addition, the selling ofcreating of data for ad time sold is preferably accomplished usingweb-based software. Also the tracking of selection of content,advertising time sold and the creation of content is preferablyaccomplished using web-based software. As above, the content for thebroadcast may be audio in nature, visual in nature, or both. Similarly,the advertising data may be audio in nature, visual in nature, or both.

[0077] Preferably this embodiment of the present invention furtherincludes software and/or hardware for:

[0078] (1) selecting the time at which the content will be broadcast;

[0079] (2) selecting the length of time the content will be broadcast;

[0080] (3) selecting the frequency of the broadcast;

[0081] (4) selecting if the content will correspond to a particularaudio portion of the digital audio broadcast;

[0082] (5) selecting the location of content on a receiving device;

[0083] (6) selecting the specific station from which the content willbroadcast; and

[0084] (7) selecting the starting and ending dates for conducting theabove steps.

[0085] More preferably, this embodiment of the invention furtherincludes software and/or hardware for:

[0086] (1) selecting the criteria for advertisement content;

[0087] (2) selecting the time at which the content will be broadcast;

[0088] (3) selecting the length of time the content will be broadcast;

[0089] (4) selecting the frequency of the broadcast;

[0090] (5) selecting if the content will correspond to a particularaudio portion of the digital audio broadcast;

[0091] (6) selecting the location of content on a receiving device;

[0092] (7) selecting the specific station from which the content willbroadcast;

[0093] (8) selecting the unit price or cost for broadcasting data; and

[0094] (9) selecting the starting and ending dates for conducting theabove steps.

[0095] Most preferably, this embodiment of the invention furtherincludes software and/or hardware for:

[0096] (1) viewing the parameters from steps (a) and (b);

[0097] (2) uploading or downloading data for creation; and

[0098] (3) complying with standards for digital audio broadcast.

[0099] As above, one especially preferred embodiment of the presentsystem is the Internet appliance or “black box,” which includes bothsoftware and hardware for monitoring the audio broadcast portion of thedigital audio broadcast and dynamically calculates OpportunisticCommercial Avails and Opportunistic Non-Commercial Avails throughmonitoring of the analog audio broadcast.

[0100] Data packaging for this embodiment of the invention is preferablyaccomplished using standardized XML schema. Transfer of aggregatedcontent and data to a remote sight on a data network is preferablyaccomplished using HTTP/SSL communication.

[0101] Another embodiment of the present invention is a system forproviding data for use in a digital broadcast comprising the steps of:

[0102] (a) providing a central server;

[0103] (b) providing an Internet appliance;

[0104] (c) providing a data network connecting the central server andthe Internet appliance;

[0105] (d) providing a device for taking orders for advertisements onbroadcast on the central server;

[0106] (e) providing a device for creating data for broadcast on thecentral server;

[0107] (f) providing a device for aggregating data on the central serverfor transfer to the Internet appliance;

[0108] transferring aggregated data over data network;

[0109] (g) providing a device for receiving data transferred over datanetwork on the Internet appliance; and

[0110] (h) providing a device for incorporating received data into anIBOC digital broadcast using the Internet appliance.

[0111] Advantageously this system gives the user the ability to trackthe selection of content, advertising time sold, and creation ofadvertising data. Preferably the system further provides data storagefor receiving consumer responses to aggregate content and advertisement.Preferably the selection of content is accomplished using web-basedsoftware. Preferably the selling of advertising time is accomplishedusing web-based software. Preferably the selling of creating of data forad time sold is accomplished using web-based software. Preferably thetracking of selection of content, advertising time sold and the creationof content is accomplished using web-based software.

[0112] This embodiment of the invention can include either visualcontent or audio content or both. For example, in one preferred aspectof this invention the broadcast is visual in nature. In anotherpreferred aspect of the invention the ad data is visual in nature.

[0113] Preferably this embodiment of the invention further includessoftware and/or hardware for:

[0114] (1) selecting the time at which the content will be broadcast;

[0115] (2) selecting the length of time the content will be broadcast;

[0116] (3) selecting the frequency of broadcast;

[0117] (4) selecting if the content will correspond to a particularaudio portion of the digital audio broadcast;

[0118] (5) selecting the location of content on a receiving device;

[0119] (6) selecting the specific station from which the content willbroadcast; and

[0120] (7) selecting the starting and ending dates for conducting theabove steps.

[0121] More preferably this embodiment of the invention further includessoftware and/or hardware for:

[0122] (1) selecting the criteria for advertisement;

[0123] (2) selecting the time at which the content will be broadcast;

[0124] (3) selecting the length of time the content will be broadcast;

[0125] (4) selecting the frequency of broadcast;

[0126] (5) selecting if the content will correspond to a particularaudio portion of the digital audio broadcast;

[0127] (6) selecting the location of content on a receiving device;

[0128] (7) selecting the specific station from which the content willbroadcast;

[0129] (8) selecting the unit price or cost for broadcasting data; and

[0130] (9) selecting the starting and ending dates for conducting theabove steps.

[0131] Most preferably this embodiment of the invention further includessoftware and/or hardware for:

[0132] (1) viewing the parameters from steps (a) and (b);

[0133] (2) uploading or downloading data for creation; and

[0134] (3) complying with standards for digital audio broadcast.

[0135] As above, one especially preferred embodiment of the presentsystem is the Internet appliance or “black box,” which includes bothsoftware and hardware for monitoring the audio broadcast portion of thedigital audio broadcast and dynamically calculates OpportunisticCommercial Avails and Opportunistic Non-Commercial Avails throughmonitoring of the analog audio broadcast.

[0136] Data packaging for this embodiment of the invention is preferablyaccomplished using standardized XML schema. Transfer of aggregatedcontent and data to a remote sight on a data network is preferablyaccomplished using HTTP/SSL communication.

[0137] Another embodiment of the present invention entails a system forproviding data on an in-band, on-channel (IBOC) FM digital audiobroadcast comprising:

[0138] (a) hardware and/or software under control of a client system andproviding:

[0139] (1) means for requesting content;

[0140] (2) means for requesting advertising;

[0141] (3) means for creating data; and

[0142] (4) means for monitoring the requests and data creation;

[0143] (b) hardware and/or software under control of a server system andproviding:

[0144] (1) means for receiving requests;

[0145] (2) means for storing data;

[0146] (3) means for aggregating data for transfer;

[0147] (c) hardware and/or software under control of an Internetappliance in communication with parts (a) and (b) defined above, andfurther providing:

[0148] (1) means for receiving transferred aggregate data, and

[0149] (2) means for incorporating data into broadcast.

[0150] Preferably this embodiment of the invention provides the userwith the ability to track the selection of content, advertising timesold, and creation of advertising data.

[0151] Preferably this embodiment of the invention further includes datastorage for receiving consumer response to aggregate content andadvertisement.

[0152] Preferably this embodiment of the invention uses web-basedsoftware for selection of content. Preferably this embodiment of theinvention uses web-based software for the selling of advertising time.Preferably this embodiment of the invention uses web-based software forthe selling of creating of data for ad time sold. Preferably thisembodiment of the invention uses web-based software for the tracking ofselection of content, advertising time sold and the creation of content.

[0153] This embodiment of the invention can include either visualcontent or audio content or both. For example, in one preferred aspectof this invention the broadcast is visual in nature. In anotherpreferred aspect of the invention the ad data is visual in nature.

[0154] Preferably, this embodiment of the invention further includessoftware and/or hardware for:

[0155] (1) selecting the time at which the content will be broadcast;

[0156] (2) selecting the length of time the content will be broadcast;

[0157] (3) selecting the frequency of broadcast;

[0158] (4) selecting if the content will correspond to an particularaudio portion of the digital audio broadcast;

[0159] (5) selecting the location of the content on a receiving device;

[0160] (6) selecting the specific station from which the content willbroadcast; and

[0161] (7) selecting the starting and ending dates for conducting theabove steps.

[0162] More preferably, this embodiment of the invention furtherincludes software and/or hardware for:

[0163] (1) selecting the criteria for advertisement;

[0164] (2) selecting the time at which the content will be broadcast;

[0165] (3) selecting the length of time the content will be broadcast;

[0166] (4) selecting the frequency of the broadcast;

[0167] (5) selecting if the content will correspond to a particularaudio portion of the digital audio broadcast;

[0168] (6) selecting the location of the content on a receiving device;

[0169] (7) selecting the specific station from which the content willbroadcast;

[0170] (8) selecting the unit price or cost for broadcasting data; and

[0171] (9) selecting the starting and ending dates for conducting theabove steps.

[0172] Most preferably, this embodiment of the invention furtherincludes software and/or hardware for:

[0173] (1) viewing the parameters from steps (a) and (b);

[0174] (2) uploading or downloading data for creation; and

[0175] (3) complying with standards for digital audio broadcast.

[0176] As above, one especially preferred embodiment of the presentsystem is the Internet appliance or “black box,” which includes bothsoftware and hardware for monitoring the audio broadcast portion of thedigital audio broadcast and dynamically calculates OpportunisticCommercial Avails and Opportunistic Non-Commercial Avails throughmonitoring of the analog audio broadcast.

[0177] Data packaging for this embodiment of the invention is preferablyaccomplished using standardized XML schema. Transfer of aggregatedcontent and data to a remote sight on a data network is preferablyaccomplished using HITP/SSL communication.

[0178] Another preferred embodiment of the present invention comprises asystem for datacast advertisement strategic placement. This system useshardware and software to utilize market research to enable the user toefficiently and effectively target specific demographic audiences withtheir datacast advertisements within the Impulse Radio network ofdatacasters. Users will select specific target audiences based uponstandard market research and the system will be programmed to senddatacast advertisements to targeted audiences.

[0179] Another preferred embodiment of the present invention comprisesthe process by which the Internet appliance calculates opportunisticcommercial avails and opportunistic non-commercial avails for thepurposes of inserting appropriate datacast elements into the datacast.This process comprises the steps of:

[0180] (a) dynamically monitoring of the audio broadcast by the Internetappliance;

[0181] (b) calculating the presence of one or more opportunisticcommercial avails and one or more opportunistic non-commercial avails;and

[0182] (c) inserting appropriate datacast elements into the datacastbased upon said calculations.

[0183] Another preferred embodiment of the present invention is a methodfor the processing of transactions between the datacast consumer and thedata displayed or heard on the IBOC receiver device, comprising thefollowing steps:

[0184] (1) maintaining inventory codes that can be applied to and lateridentify all transactionable datacast elements;

[0185] (2) defining actions that can be performed for alltransactionable datacast elements;

[0186] (3) assigning actions to every transactionable datacast element;

[0187] (4) providing a transaction gateway that listens for a consumer'stransaction request from any return path;

[0188] (5) providing one or more transaction engines that perform theappropriate action for that datacast element and confirms completion ofthe action for the consumer; and

[0189] (6) providing a consumer-centric commerce web site whereconsumers can setup accounts, gathering all necessary information forthe completion of the transaction.

[0190] Completion of the transaction by the consumer would normallyinclude the consumer providing specific information, including thefollowing; Name, E-mail address, physical address, credit cardinformation and any other important information.

BRIEF DESCRIPTION OF THE DRAWINGS

[0191]FIGS. 1 and 2 give an overview of the entire data-casting andrCommerce network.

[0192]FIG. 3 illustrates a schema used to organize the datacast elementsto meet the varying needs of the system in accordance with the presentinvention.

[0193]FIG. 4 shows the repository and how different embodiments interactwith it.

[0194]FIG. 5 illustrates “agents” that aggregate data and place it inthe repository.

[0195]FIG. 6 illustrates how data is moved between devices in thenetwork.

[0196]FIG. 7 illustrates how data is inserted into a broadcast.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

[0197] As shown in FIGS. 1 and 2, the present invention embodies aseries of sub-systems that allow broadcasters to produce an entertainingand interactive flow of data for a multitude of purposes. Data movesfrom a variety of sources through a central point where it is formattedfor broadcast and assigned certain instructions that trigger itsbroadcast and associate actions with it. For example, information can besupplied, either visually or audibly, that would facilitate a purchaseby the listener. This can range from the pure informational, such as thename of an artist and a song that has been broadcast, to the interactivewhere the listener conducts a transaction based upon the information inthe broadcast. The data is then transferred to a radio station or otherbroadcast facility where it is combined with the digital audio andinserted into the broadcast. A device that is capable of interpretingthe IBOC signal renders the data and audio based upon the presentationcharacteristics assigned to it. Encoded information from the data-castcan be transmitted to a system or systems that can engage a transactionon the listeners or broadcasters behalf. These sub-systems will now bedescribed in detail. Where appropriate, embodiments are accompanied witha figure that illustrates its activity.

[0198] Digital Data:

[0199] Certain embodiments of the current invention provide a schematic(“schema”) for defining digital data (“data”). An example of such aschema is given in FIG. 3. The schema divides the data into data that isrendered and data that provide instructions for presentation andassociated actions.

[0200] The data can be both related to digital audio data (“audio”) orindependent of the analog broadcast. The concepts of related andindependent do not signify a physical relationship between the analogaudio broadcast and the data-cast element, but rather, they describe thenature of the content of the data-cast element in relation to the analogaudio broadcast. Related portions of the data generally contain contentthat further describes or enhances the audio, although they need not.Related data-cast elements are triggered, and thus data-cast, based uponcriteria of the audio. For instance, data may be triggered because ofthe audio “cut” id that identifies the audio in the broadcasterslibrary. In this case, a cut refers to a single element from a radiostation library such as a song, commercial, weather report, etc. Inanother instance the data may be triggered because the cut belongs to aclassification of cuts, such as music, or news.

[0201] Independent data-cast elements provide a complete set ofinformation in and of themselves and do not have to be directlyassociated to a cut. The association of independent data can be muchbroader and may be based upon any current radio programming parametersuch as time, day part, program, competitive content spacing, etc. Theseassociations may also be based upon new radio programming parameters asembodiments of the invention define. For example, these parameters caninclude the location on an LCD display connected to a receiver device,or instructions that require users interact with the receiver devicebefore the data is rendered.

[0202] Certain embodiments define characteristics of the renderedportion of the data. For example, these characteristics can includecompetitive separation of different data-cast elements, color, layout,font, size, location and other physical indications. Other embodimentsdefine characteristics for the data to identify the actions associatedwith a piece of data that would enable a listener to engage in acommerce activity. These characteristics can include information thatidentifies the object described by the data, the nature of thetransaction, and the identity of the listener.

[0203] Further embodiments related to a data-cast provide a methodologyand a system for packaging the data and the audio for broadcast on anIBOC signal. This provides a physical relationship between data andaudio. This relationship can be described by characteristics such as thelength of time a piece of data should play for and the time in relationto the audio when a piece of data should play. They can also describethe length of time a piece of data should live for on the receiverdevice before it is removed.

[0204] Data Repository:

[0205] The invention embodies a data repository where all data is storedsuch that it can be accessed by any broadcaster in the network. Therepository defines the methodology and the system of storage for alltypes of data as well as a system for moving data in and out of therepository. FIG. 4 provides an illustration of this.

[0206] Content Management:

[0207] An embodiment of the invention provides a system that allows abroadcaster to establish a set of broadcast rules for various groups ofdata and store them in the repository. These rules can include suchelements as the timing, flow and occurrence of the data during thebroadcast, as well as the identity of the broadcast facility that willperform the broadcast. For example, a broadcaster might desire toschedule constantly updated traffic reports to be data-cast at regularintervals during particular times of the broadcast day. These parameterscan include the time at which the data should be broadcast, the lengthof time it should be broadcast for, and the frequency with which itshould be broadcast. Other parameters can make associations with theaudio such as whether or not it will be broadcast in conjunction with aspecific audio cut. The data can also be characterized to signalinstructions to the device that renders the data as to proper formattingand presentation elements.

[0208] Ad Placement:

[0209] Another embodiment provides a methodology and a system thatenables the broadcaster to schedule data that is intended as anadvertisement and insert it into the repository. The embodiment providesa means for broadcasters to schedule the data, as well as audit thebroadcasting of the data. They can also track the financial aspects ofthe data, such as the price and number of times the data is broadcast.This information is inserted into the central repository. The embodimentalso provides a means for a broadcaster to have a single piece ofcontent and its associated parameters apply to a multitude of broadcastfacilities. Schedule parameters include but are not limited to thestarting and ending dates for the advertisement to be broadcast, thefrequency with which the advertisement will be broadcast, the time atwhich the advertisement will be broadcast Other parameters can makeassociations with the audio such as whether or not it will be broadcastin conjunction with a specific audio cut. The data can be characterizedto signal instructions to the device that renders the data with properformatting and presentation elements.

[0210] Traffic Management:

[0211] The invention embodies a methodology and a system forcoordinating advertisements and content within a data-cast using theinformation in the repository. This can be used to ensure the continuityof the broadcast by providing a process by which broadcasters cancontrol the flow of data through the network, from its source to thedevices responsible for the data-cast. The embodiment performs functionssuch as preventing data, be it content or advertisement, from beingscheduled beyond the capacity of the broadcast day. It also providesinformation to broadcasters regarding the level of data alreadyscheduled for a particular broadcast day. Additional informationsupplied by the embodiment includes production information for data. Forexample, an ad may have been scheduled but no data has been produced forit yet. Data can be prevented from being broadcast until it has all ofthe information required to properly broadcast the data and thebroadcaster signifies as such.

[0212] Data Aggregation:

[0213] The invention embodies a methodology and a system for aggregatingcontent from a multitude of sources and inserting them in the datarepository for use in a data-cast. An illustration of this is given inFIG. 5. The embodiment defines a standard architecture for dataaggregators, referred to as “agents,” designed to perform the functionof collaborating with third party content vendors to collect content,format it, and store it in the data repository. The embodiment defines aunique agent for each content supplier that follows the standardarchitecture of the agent definition. Additionally, the embodimentprovides a way to classify and identify the data. This givesbroadcasters the ability to associate data with schedules. For exampledata can be classified as traffic data and be identified as a particularprovider of traffic data for a particular geographical region and canthus be associated with data schedules for all broadcast facilitiesbroadcasting that traffic data for that region. In another example, datacan be classified as an ad and allow broadcasters to associate it withan ad placement schedule.

[0214] Data Transfer:

[0215] Certain embodiments of the invention provide a methodology and asystem for moving data throughout the network. The embodiment definesand implements a transaction framework for all communication within thenetwork that is capable of conducting multiple “atomic” transactionsover a single request via a wide area network. An illustration of thisis given in FIG. 6. Typically the communication is between devices thatcontrol the data-cast from inside a broadcast facility and the datarepository. The embodiment is used to move all of the appropriate datafor a particular broadcast facility from the repository to the facilityon a continual basis as it is needed for broadcast, while ensuring itsproper delivery and recovery from error.

[0216] Data-Casting:

[0217] The invention embodies a methodology and a system as well as aconfiguration for a multipurpose device that interfaces with thebroadcast systems within a broadcast facility to perform data-castingfunctions. An illustration of this is given in FIG. 7. Activities of theembodiment include performing algorithms to calculate commercialavailabilities and non-commercial availabilities for the packaging andinsertion of data and audio for the data-cast. Opportunistic commercialor non-commercial availabilities (“avails”) occur when it is determined,through monitoring the activity of broadcast facility's audio broadcast,that an opportunity to insert data along with the audio occurs. Thedevice that houses the embodiment should be able to communicate withsystems inside a broadcast facility, including IBOC transmission devicesand broadcast automation or live assist systems, as well as have accessto the data repository. It should have a permanent storage device, aCPU, and a display that indicates the status of the device.

[0218] Certain aspects of the embodiments monitor activity regarding theavailable bandwidth for data within the IBOC system. This information isused to make determinations such as the quantity of data that can beadded to the audio in order to achieve an acceptable level of service.For example, the data may consist of images and text; however, thecurrent bandwidth available for sending data would only allow text to betransmitted to the receiver in time for display. The system could chooseto send only the text and omit the image rather than have no datatransmitted.

[0219] Data Creation:

[0220] Another embodiment of the invention provides a methodology and asystem for creating data. It provides a way to create data that is to bebroadcast in concert with the audio, whether it is dependent orindependent. Data creation requires collecting objects such as images,text, audio, and other media and organizing them in terms of order,positioning, and timing. It also deals with the assignment of formattingparameters such as colors and size. Furthermore, it can correlate anobject's behavior with the behavior of the audio.

[0221] Strategic Ad Placement:

[0222] Certain embodiments of the invention provide a methodology and asystem for defining and matching audience criteria of broadcastfacilities in the network against desired audience criteria of anadvertiser. This matching process can produce a suggestive list as tothe broadcast facilities that are optimal for broadcasting the data. Thesystem can use this information to automate the scheduling process. Forexample, a national advertiser may want to reach all males between theages of 25-34 with a household income of $35,000 or more. The embodimentcan indicate the broadcast facilities within the network whose audiencehas the greatest population or concentration of the desired target.

[0223] Radio Commerce (“rCommerce”):

[0224] The invention embodies a methodology and a system that provides away data from a broadcast can be routed via a Wide Area Network in orderto perform an action (or transaction) on behalf of a broadcaster or alistener. This data transmission could also be provided by devices suchas a WAP device or a PC.

[0225] The embodiment defines the required data for the transaction.This can include information that identifies the listener, informationthat identifies the broadcaster, information about the data that wasbeing rendered that led to the action, information regarding the actionthat the listener desired to be performed, as well as network routinginformation.

[0226] rCommerce Gateway:

[0227] Certain embodiments of the invention provide a methodology forreceiving data that was originated from a broadcast in order to conducta transaction. The embodiment performs such functions as listening forrequests from IBOC devices or devices communicating with IBOC devices,performing validation on the data received, performing or initiating theaction indicated by the data, and responding to the device sending therequest.

[0228] As illustrated in the Figures, the key components of the systemthus include: Central Servers, Datacast Applications, Content ManagementApplications, Sales/Order Entry Applications, Traffic/ApprovalApplications, Content Creation, Data Aggregation, Data Transfer, and themultipurpose Internet appliance or “black box” device. Software forimplementing the methods of the present invention may take any formavailable to the programmer having ordinary skill in the art. Themethods having been described herein may be implemented via any numbersoftware solutions.

[0229] Central Servers:

[0230] The Central Servers act as the back end of the sales order entry,traffic, and content aggregation systems. The Central Servers are ableto perform content aggregation from multiple providers, which can becustomized for individual radio stations for purposes of a datacast.Additionally, they provide the communication architecture for thenationwide network of black boxes housed in radio stations whilesupplying the storage facility (herein referenced as “the datarepository”) for all digital data and datacast elements.

[0231] Content Management Applications:

[0232] Central to the technology's Datacast Applications is the ContentManagement system, which is web-based software that allows a user toselect from customizable content packages stored in the data repository.The software functionality allows the datacaster to control timing, flowand occurrence of datacast elements such as weather reports, newsheadlines, traffic alerts, etc. For example, a Program Director couldschedule constantly updated traffic reports to visually appear every 15minutes during morning and evening drive time. Via the application auser defines the datacast element and stores scheduling parameters forit on the system of the present invention's Central Servers. Theseparameters include but are not limited to the following:

[0233] (1) the time at which the datacast element will be broadcast(datacast);

[0234] (2) the length of time it will be broadcast (datacast);

[0235] (3) the frequency with which it will be broadcast (datacast);

[0236] (4) whether or not it will be broadcast (datacast) in conjunctionwith a specific audio component of the analog broadcast;

[0237] (5) the position or location on an IBOC signal receiving devicewhere the datacast element is to be placed;

[0238] (6) the specific station(s) from which it will be broadcast(datacast); and

[0239] (7) the starting and ending dates for the above parameters (ifapplicable)

[0240] Sales Order Applications:

[0241] Another critical Datacast Application component is the SalesOrder Entry System (herein referenced as the “Datacast SOES”). It allowsa user to enter and manage detailed orders for the sale of advertisingspace during the datacast using an intuitive web based interface. Byentering an order in the system, a user defines specific parameters onthe system of the present invention's Central Servers pertaining to howthe order will “fit” into the datacast. These parameters include but arenot limited to the following:

[0242] (1) The starting and ending dates for the advertisement to bedatacast;

[0243] (2) The frequency with which the advertisement will be datacast;

[0244] (3) The time(s) at which the advertisement will be datacast;

[0245] (4) Whether or not the advertisement will occur during thedatacast in conjunction with a specific audio component of the analogbroadcast;

[0246] (5) The unit price or otherwise defined cost for advertisement;

[0247] (6) The stations from which the advertisement will be datacast;

[0248] (7) The length of time for which the advertisement will bedatacast; and

[0249] (8) The location or position of the advertisement in an IBOCsignal receiving device.

[0250] Data Creation Applications:

[0251] A critical step towards the procurement of advertising revenuefrom advertisements inserted in the datacast is the creation of thoseadvertisements. To that end, the present invention provides web basedsoftware for the creation of datacast advertisements—regardless ofwhether the advertisement is delivered via adjunct digital audio orthrough visual components that are meant to be either related to orindependent of the audio component of the analog broadcast. The DataCreation Application works in concert with other applications,specifically the Datacast SOES where procedures exist for salespeople toenter instructions in the sales order for the procurement or productionof the datacast advertisements used in that order. These instructions(part of the entire sales order) are stored in the data repository onthe system of the present invention's Central Servers. The Data CreationApplication enables a user, typically an advertising professional or oneskilled in the development of advertising media, to log into the CentralServers and:

[0252] (1) View the datacast advertisement instructions mentioned above(saved via the sales order application.), which may include one or moreof the following guidelines:

[0253] a. Size of the datacast advertisement

[0254] b. Length of the datacast advertisement

[0255] c. Position and Location in an IBOC signal receiving deviceintended for the datacast advertisement

[0256] d. Location or description of acceptable images for theconveyance of the proper message

[0257] e. Location or description of acceptable copy for the conveyanceof the proper message

[0258] f. Location of audio clip for which this datacast advertisementis meant to accompany, if applicable

[0259] g. Due date for the datacast advertisement

[0260] h. Uploading instructions

[0261] (2) Create the datacast advertisement in compliance with digitaldata IBOC broadcast standards, including the following tools:

[0262] a. Text editor, for the purposes of creating new text elements orediting existing ones

[0263] b. Image editor, for the purposes of creating new image elementsor editing existing ones

[0264] c. Audio editor, for the purposes of synchronizing visualcomponents to an audio clip, creating new digital audio elements, orediting existing ones

[0265] d. Library of Formatting Instructions for text, images anddigital audio elements

[0266] e. Library of Formatting Instructions for layout and presentationof the datacast advertisement

[0267] (3) Upload the completed datacast advertisement to the datarepository so that the sales order can be completed and the datacastadvertisement is sent to the appropriate black boxes for datacast.

[0268] Traffic Management Application:

[0269] The coordination of datacast advertisements with other datacastadvertisements, audio advertisements and programming on the analogbroadcast, and the entire datacast itself (which is often coordinatedwith the entire analog broadcast) demands an enormous amount ofinformation management. Thus the present invention provides a TrafficManagement Application (herein referenced as the “Datacast TMA”) forthis purpose. This application allows users to track datacastadvertisement sales orders saved on the central servers, track datacastadvertisement production progress, utilize permissions-based editing ofthe aforementioned sales order parameters and approve sales orders fordatacast.

[0270] Data Aggregation:

[0271] Providing content, aggregated from third party sources, tobroadcasters for the purpose of developing a datacast is a vital elementof the invention. Therefore, the invention produced standardarchitecture for data aggregation “agents,” or software applicationsdesigned to perform the grunt work of collaborating with third partycontent vendors to collect their content and store it in the datarepository of the invention's Central Servers. There are unique agentsfor each content type and vendor, though all agents follow the standardarchitecture.

[0272] Data Transfer:

[0273] The system of the present invention's technology also providesstandardized architecture for digital data packaging. Additionally, itprovides a transaction framework for all Black Box communication withthe invention's Central Servers, using HTTP/SSL communication, that iscapable of conducting multiple “atomic” transactions over a singlerequest.

[0274] Multipurpose Internet Appliance (or “Black Box” Device):

[0275] The system of the present invention further comprises amultipurpose Internet appliance (or “black box” as shown in theFigures), which resides within each individual radio station to performa multitude of actions necessary for a successful datacast. The primaryfunction of the black box is to prepare datacast elements in a mannerthat constitutes a datacast and then interface with an IBOC encodingdevice to dispense that datacast. Specifically the black box performsthe following tasks:

[0276] (1) Communicates with central servers to request datacastelements necessary to build the datacast;

[0277] (2) Performs algorithms on an analog audio broadcast, whenapplicable, to calculate commercial availabilities and noncommercialavailabilities for the insertion of datacast elements into the datacast;

[0278] (3) Packages appropriate datacast element for inclusion in thedatacast based on parameters saved on central servers and passed alongto the black box;

[0279] (4) Interfaces with and delivers datacast to an IBOC transmissiondevice.

[0280] Digital Data:

[0281] The primary aspect of the invention is to enable radiobroadcasters to transmit digital data, be they visual or auditory, thatcan be both related to the current analog broadcast or independent ofthe analog broadcast. The concepts of related and independent do notsignify a physical relationship between the analog audio broadcast andthe datacast element, but rather, they describe the nature of thecontent of the datacast element in relation to the analog audiobroadcast. Related portions of the datacast element generally containcontent that further describes or enhances the analog audio, althoughthey need not. Related datacast elements are triggered, and thusdatacast, with the identification of the analog audio “cut”. In thiscase, a cut refers to a single element from a radio station library suchas a song, commercial, weather report, etc.

[0282] Independent datacast elements provide a complete set ofinformation in and of themselves and do not have to be directlyassociated to a cut. The association of independent data can be muchbroader and may be based upon any current radio programming parametersuch as time, day part, program, cut, competitive content spacing, etc.These associations are defined by users of the Datacast SOES andDatacast TMA when they enter the sales order for the datacast element,but are also defined by specific information being culled by the blackbox from the analog audio broadcast such as the length of the currentcut, the time of day, and other such broadcast information.

[0283] Some datacast elements are rendered visually, in concert with theanalog audio broadcast (“visual datacast elements”). Other datacastelements are rendered audibly and are available to be played by the useron the IBOC signal receiving device for a period of time at certainintervals as defined by the rules of the Datacast SOES and Datacast TMAon request (“audio datacast elements”). These datacast elements can beused, by themselves or in conjunction with each other, to create anentirely new radio experience for the consumer—one that can becomplementary to the analog broadcast or completely independent to theanalog broadcast—or in lieu of the analog broadcast altogether.

[0284] Thus, one embodiment of the current invention provides aschematic (“schema”) for datacast elements. An exemplary rendition ofsuch a schema is given in FIG. 3. The schema organizes the datacastelement to meet the varying needs of the system. The datacast elementcan be divided into what is termed “rendered data” and “meta-data”. Therendered data are data that are either viewed or heard by the user. Thiswould be the title of a song, the artist singing the song, an audioweather report, etc. The meta-data are considered to be “data about thedata” and are used to indicate formatting and timing directives.

[0285] Formatting and timing directives are used by the IBOC encodingdevice and the IBOC signal receiver to render the data in a fashion thatmeets the goal of producing the desired datacast effect, enable userinteraction and ultimately, commerce transactions. These directivesinclude the length a portion of a datacast element should play for,separation of different datacast elements, order of appearance, color,layout, and other physical indications as well as codes to identify thedatacast's consumer as well as the item described by the datacastelement—pieces of data vital to conducting radio commerce transactionsas outlined in the section entitled “Radio Commerce.”

[0286] Sales Orders & Traffic Management:

[0287] In a typical revenue-generating analog radio station, revenue isderived from the placement of advertisements in the audio broadcast orsponsorships of specific times or events during the broadcast.

[0288] For those advertisements to exist, radio stations employ theservices of salespeople to proactively seek and sell new clients as wellas handle the processing of sales orders from existing clients and otherknown entities that place advertising media (i.e., media buyingservices, ad agencies, etc.). Salespeople enter advertisements into theradio station's broadcast through a Sales Order Entry System (“SOES”),which often specifies the client, billing address, advertisement to bebroadcast, as well as other necessary information for the fulfillment ofthe advertisement, where fulfillment is defined as the successfulbroadcast of the client's advertisement during the time the clientrequested. When the advertisement to be broadcast is not “in-hand”meaning that it either does not currently exist or is in anotherlocation, instructions are gathered for the procurement or production ofthe advertisement.

[0289] Accordingly, the people responsible for the running of that radiostation (herein “station manager”), set parameters to effectivelydistribute all advertisements throughout the station's broadcast. Astation's content is typically music that correlates to a specificformat, but can also be talk radio shows (i.e., “Mike and the Mad Dog”),syndicated programs (i.e., “The Howard Stern Show,” “Dr. Laura,” etc.),or live entertainment (i.e., concerts, sporting events, etc.). Theseparameters are typically stored in software that is often referred to asa Traffic System (herein referenced as “TS”)—Marketron and CBSI arerecognized brands of this type of software. Parameters can and doinclude industry accepted factors such as competitive codes, rates,make-good instructions, production notes (if the advertisement is to beproduced by “inhouse” talent or production staff), and other knownfactors.

[0290] A Traffic Manager is the person at a station who is responsiblefor the management of these advertisement parameters, as well as theapproval of sales orders entered into the system and the affidavits thatadvertisements were in fact broadcast at the appropriate times. Theaffidavits are used for accounting purposes so the station can chargefor the “air time” (the specific avail when the advertisement wasbroadcast) during which the ad ran. In the event an advertisement wasnot broadcast when it was scheduled to, due to time constraints or otherreasons, a make-good is performed. A make-good usually consists of thestation deferring payment for the advertisement until that advertisementhas run appropriately, or performing some other agreed upon act (likeadditional free advertisement placements, etc.) to make up for themissed advertisement.

[0291] Affidavits can only be created after the Traffic Manager hasreceived a log of the most recent broadcast, commonly referred to as anAs Played Log (“APL”). The APL details every piece of station contentand advertisement actually broadcast over the air-waves. The APL is thencompared to the schedule of what was supposed to play, therebyidentifying which advertisements and pieces of station content WERE NOTbroadcast, initiating a possible make-good situation.

[0292] Advertisements are produced in a variety of manners, but all havean audio component that is supposed to relay some message to theintended consumer. Typically, these advertisements incorporate jinglesor music to add as a background supplement to the actor's voice. Othertimes, sound effects are added to emphasize the action in theadvertisement or the message that is trying to be conveyed. Theadvertisements are typically produced by professionals at an AdvertisingAgency or by production teams at a radio station. These advertisementsare then delivered to the radio station by means of audio tapes, carts,or digital transmission over satellite. Once received by the radiostation, the advertisements are stored for broadcast at a later time—andthey can be stored on a data storage device, such as a hard drive, orleft on the medium in which they arrived.

[0293] Station Content:

[0294] In an effort to entertain and inform their audience, as well asmaximize the effectiveness of their clients' advertisements, a radiostation provides programming content (“Station Content”) for thestation's listeners, which can range from regular traffic and weatherupdates to various news reports throughout the day. Stations typicallypay third party providers (i.e., Shadow Traffic, AccuWeather, AssociatedPress, etc.) for this station content and must develop procedures foraggregating and managing it themselves. Besides providing informative orentertaining content, these station content snippets provideopportunities for the placement of advertisements immediately before orafter (and sometimes during) they are broadcast. This is commonlyreferred to in the radio industry as “adjacencies.” Advertisers areattracted to adjacency Avails because they are, by definition, next tothe valuable content being broadcast.

[0295] Accordingly, some datacast elements, such as those packaged fromaggregated third party content providers, will serve a similar role inthe datacast as Station Content does in the analog audio broadcast.These datacast elements include weather data, traffic data, news data,sports data, etc. and are provided to the broadcaster by Impulse Radiothrough the system of the invention. Other examples include datacastelements that visually represent Artist information, album coverpictures, station jockey pictures, address information, and otherinformative or entertaining content. And like their analog broadcastcounterparts, these informative or entertaining datacast elements alsoproduce avails—opportunities to deliver advertising immediately before,after and in some cases during the datacast element. The Datacast SOESand Datacast TMA are cognizant of these avails and a user can createsales orders for a client that attempt to take advantage of them.

[0296] In addition to these datacast elements, the invention alsoprovides a Data Creation Application for the development of datacastelements that serve as advertisements in the datacast (in this specificinstance of a datacast element as an advertisement, it is referred to asa “datacast advertisement”). Datacast advertisements can be visual—assimple as a line of text displaying a company's tagline or as complex asan animated video clip, much like a commercial one might see ontelevision. As explained earlier, these new visual datacastadvertisements must have the capability to relate to the audio that isbeing broadcast (“Related Datacast Advertisement” or “RDAs”), therebyenhancing the analog audio broadcast with a visual component, or beindependent of the audio that is being broadcast (“Independent DatacastAdvertisements” or “IDAs”), thus delivering an entirely new anddifferent message from the one being broadcast.

[0297] In the traditional broadcast environment, a radio station mightwish to make money from the broadcast a mattress company'sadvertisement. The sales order calls for a 30 second advertisement thatincorporates background music and a professional actor's voice todeliver the message of their high quality, low-cost beds. Thatadvertisement can only be broadcast when the Traffic Manager usesTrafficking Software to schedule it in an Avail in the programmingschedule. The Trafficking Software makes the decision as to where toplace the ad based on analysis of competitive codes and otherparameters—the Traffic Manager tacitly or explicitly approves thisdecision. The radio station only makes money when this advertisement isplayed. By the linear nature of analog audio broadcasts and the rulesthat regulate programming content, stations obviously cannot generaterevenue when advertisements are not playing.

[0298] However, the ability to transmit digital data alongside theanalog audio broadcast and the system of the present invention's systemchanges that limitation. Through the use of the present invention'ssystem, a broadcaster could schedule advertising for each minute ofevery broadcast hour by creating datacast advertisements (audio orvisual) to be datacast throughout the entire analog audio broadcast.Whether the broadcaster does in fact fill every minute of everybroadcast hour with advertising is determined by the limits of theprocedures and decisions that govern their business.

[0299] Going back to our example, a broadcaster might entice themattress company to create a RDA or an IDA for datacast. In fact, asingle datacast advertisement can serve both roles (as an IDA or RDA)depending on when the datacast advertisement is scheduled to play. Forexample, a datacast advertisement is created for the mattress companythat is 30 seconds in length. It incorporates many of the same messagesheard in the analog audio ad, but now the copy spoken by theprofessional actor is in the form of text, formatted by font or colorfor better brand association. The datacast advertisement also has apicture of the mattress company's top three selling mattresses, as wellas a picture of the company's President. Finally, the phone number andaddress are displayed near the end of the 30-second datacastadvertisement. For a variety of reasons, the mattress company wants todisplay this datacast advertisement whenever their analog audioadvertisement is NOT playing over the airwaves.

[0300] In this scenario, the datacast advertisement is an IndependentDatacast Advertisement (IDA), since theoretically the DJ could beannouncing the latest weather report while the mattress company'sdatacast advertisement is being displayed. However, the mattress companymay have designed this datacast advertisement specifically for thepurpose of enhancing the analog audio ad mentioned above and wants it toplay ONLY when that audio advertisement IS broadcast, thus making thatsame datacast advertisement a Related Datacast Advertisement (RDA). Ofcourse, the mattress company may develop separate and multiple datacastadvertisements for each purpose. The key for the IBOC broadcaster isthat, with datacast advertisements, he is able to generate revenue evenwhile non-commercial programming is being played on the analogbroadcast.

[0301] Opportunistic Commercial and Non-Commercial Avails:

[0302] Opportunistic Commercial Avails (“OCAs”) occur when the black boxhas determined, through the constant monitoring of the station's analogaudio broadcast, there is an opportunity to insert specific datacastelements into the datacast. There is a visual component to the radiobroadcast brought about from the data that is transmitted over IBOCtechnology.

[0303] Datacast Advertisement Strategic Placement Application:

[0304] Advantageously, the system of the invention also allows nationaladvertisers to target specific demographic audiences throughout theintegrated network of IBOC broadcasters for the efficient andintelligent placement of their datacast advertisements. For example, anational advertiser may want to reach all males between the ages of25-34 with a household income of more than $75,000. Using our StrategicPlacement Application, the advertiser can target those stations withinour network that deliver that demographic audience and place theirdatacast advertisements ONLY in those stations.

[0305] Data Creation Application:

[0306] The invention embodies a Data Creation Application (“DCA”). Thistool helps an advertising professional (“AP”), or other person skilledin the practice of developing advertising media, develop engagingdatacast advertisements in accordance with the most popular concepts foradvertising creation tools already in practice. These concepts includethe use of images for backgrounds and key visuals, text which can beformatted appropriately for proper brand identification according tofont size, style and color, as well as various visual effects such asanimation, wipes, fades, etc. The DCA also contains an audio editingmechanism that enables the AP to load audio clips into the creationsoftware and then playback that audio when necessary. It also enablesthe AP to create datacast advertisements that are entirely auditory innature. The DCA allows the AP to create images with the software orimport pre-existing images or images made with other imaging softwareproducts. The DCA was designed with the intention to allow users tocreate Related Datacast Advertisements as well as Independent DatacastAdvertisements.

[0307] With IDAs, the AP decides (within a pre-defined set of allowablelengths) the length that the new datacast advertisement is supposed tobe. The DCA then creates a “timeline” where 0 is the starting point andthe end unit of the specified length is the ending point. If thedatacast advertisement is visual in nature, all the visual components(that are meant to be viewed) must take place between these two points.Using the DCA, the AP is then able to insert whatever text, image, orcombinations thereof are to be displayed for that particular datacastadvertisement inside the timeline. When the AP has reached a stoppingpoint, the datacast advertisement can be saved and stored for laterediting. If the AP achieves the desired effect, the datacastadvertisement is finalized.

[0308] With RDAs, the datacast advertisement is designed to coincide orenhance the audio that is simultaneously being broadcast on the analogside. Accordingly, the AP is able to load the particular analog audioclip meant for this datacast advertisement into the DCA using the audioeditor. Once loaded, the DCA calculates the ending point of the datacastadvertisement based on the length of the audio clip. Then, as with IDAs,the AP is able to create a series of text, images, adjunct digital audioand/or combinations in an attempt to deliver a compelling enhancement tothe audio clip that will be broadcast. These datacast advertisements canalso be saved and stored for additional editing at a later time orfinalized.

[0309] Once finalized, the DCA converts the datacast advertisement intoa format that is understood by the system of the present invention. Whenappropriate, the AP can upload datacast advertisements to the presentinvention's data repository so that they can be associated with waitingsales orders or placed in a separate staging area where they can waituntil selected by a Sales Rep or Traffic Manager when placing a SalesOrder.

[0310] In order for any of these datacast advertisements to be displayedon IBOC receivers, sales orders must be entered into the system of thepresent invention system using the Datacast SOES. This follows the samemodel as found with audio advertisements in a traditional radio station.

[0311] Each station's sales force is not responsible for the fullinventory of their station's datacast Avails. Per its agreement with thean outside agency (e.g., Impulse Radio) using the system of the presentinvention, each radio station will have bartered a percentage of thatinventory in exchange for the full suite of the system of the presentinvention's services, including the Datacast SOES, the Datacast TS, theDCA, and all datacast content packages. That inventory bartered toImpulse Radio thus becomes part of the network of radio stationsthroughout the country where it is able to insert datacastadvertisements for its client base of national advertisers. The networkhas been designed to offer the system of the present invention and itsadvertising clients maximize flexibility and reach, while eliminatingunnecessary competition with member radio stations and their salesefforts. The radio station focuses on its existing local client basewhile the system of the present invention taps a heretofore unrealizednational advertising base. The network and this process are described ingreater detail in the section entitled “Datacast Advertisement StrategicPlacement Application.”

[0312] The Datacast SOES is designed to help each station's sales forceidentify their datacast avail inventory (after excluding the system ofthe present invention's percentage) and provide a seamless method toenter sales orders for those avails in an effort to maximize the salesprocess. The salesperson enters into a sales contract with a new orexisting client and enters all appropriate information into the DatacastSOES, including the client's name and billing address, the specificproduct being promoted, the number of times the datacast advertisementis to be displayed, the point in the datacast when the datacastadvertisement should be displayed, whether the datacast advertisement isIndependent or Related to a new or existing analog audio advertisement,and where or how to locate the datacast advertisement for this order (orinstructions to the AP on how to create the datacast advertisement if itdoes not yet exist).

[0313] The sales person will also negotiate a fee for the datacastadvertisement and will enter the agreed upon rate into the Datacast SOESas well. Similar to sales systems for the analog audio side of thestation's broadcast, the Datacast SOES enables the salesperson to savethe order for later viewing or editing, as well as the ability tofinalize the order and enter it into the system of the present inventionsystem, where it will be processed accordingly.

[0314] Datacast Advertisement Placement:

[0315] Datacast advertisement placement is an important concept to thesystem of the present invention as it is a remarkable innovation to thefamiliar concept of advertisement placement in traditional analog audiobroadcasts. With DAB, more placement opportunities exist, including, butnot limited to, the ability to display a visual or audio datacastadvertisement during a song, which has never been possible over the samebroadcast signal until now. Additionally, datacast advertisements couldbe displayed during audio advertisements—those of the datacastadvertiser (as in the case of an RDA) or those of his competitor orthose of a completely unrelated advertiser.

[0316] Datacast advertisements can also be displayed during the displayof other datacast advertisements (particularly in receivers that supportlarge viewing screens that can be divided into multiple viewing areas).And they can also be displayed by location on such receivers, defined bysuch parameters as the specific area and size of that area (thusconstituting a location) as well as their length to display in thatlocation, among others. Datacast Advertisements can also be displayedduring station content, such as weather and traffic announcements, aswell as during datacast content elements, which is the datacastequivalent of weather and traffic announcements and described in moredetail in the section entitled “Datacast Content Elements”.

[0317] Once the salesperson has finalized an order, it is sent theDatacast TS, where it is stored for review by the station's appointedTraffic Manager. The Traffic Manager is able to review the order in itsentirety and check for any errors or omissions. The Traffic Managerchecks a variety of things, including ensuring that the correct clientis on the order, that the associated datacast advertisement exists andis present in the system, that the scheduling instructions for thedatacast advertisement fit the parameters set forth by the station (inmost cases these parameters are set by the Traffic Manager), etc. If aproblem is discovered, the Traffic Manager is able to not approve theorder and notify the salesperson that there is a problem that must becorrected. If a finalized order appears to be in perfect order, then theTraffic Manager approves the order and it is processed by the system ofthe present invention system and prepared for insertion into thestation's datacast.

[0318] The Datacast TS has another very important feature, DataScheduling. Data Scheduling allows a Traffic Manager to 1) subscribe toa Datacast Content Package 2) choose their preferred provider for thatpackage and 3) schedule all datacast content throughout their datacast.

[0319] Datacast Content:

[0320] Datacast Content is a generic term applied to a specific categoryof datacast elements that the system of the present invention providesits member network stations for use with their datacasts. There arespecific categories of Datacast Content as well, including weather,traffic, and news. But Datacast Content can also refer to items such asSports News, Stock Quotes, Business Headlines, and other categories ofcontent that may be more suitable for specific station formats.

[0321] Much like station content (as described in the section entitled“Station Content”), Datacast Content is meant to inform the “viewing”audience as well as give “listeners” a compelling reason to occasionally“interact” with their IBOC receiver screens for the benefit of datacastadvertisers. Additionally, Datacast Content can also be audio data thatis requested by the user for purposes of listening to that specificpiece of content at their discretion. Thus, each Datacast Contentcategory has its own “package” from which a station can choose. Withineach package, there might be (when the situation permits) multiple thirdparty providers for that Datacast Content in an effort to offer thebroadcaster a choice that is most suitable for his station format andaudience.

[0322] Once the station has selected the Datacast Content package(s)that it deems necessary, the Traffic Manager, Station Manager, or likeperson, will have to schedule those Datacast Content packages into theirdata broadcast. Typically, this will consist of the Traffic Managerchoosing the Datacast Content package, create a new schedule, give thenew schedule a referring title, and choose the provider (whenapplicable) that they would like to use for this Datacast Contentpackage's schedule. Then the Traffic Manager must select the date forwhich this Datacast Content schedule starts. Once the Datacast Contentschedule contains these parameters, the Traffic Manager can say how manytimes he wants that particular Datacast Content to appear in thedatacast for that particular schedule's dates, as well as the specificdays of the week it should appear and the specific programming eventsthat should trigger it to appear as well.

[0323] For example, a Traffic Manager wants to display Weather DatacastContent during the morning drive times of his station's datacast andsubscribes to receive the Weather Datacast Content Package from thesystem of the present invention on a regular basis. In order to make theWeather Datacast Content begin to appear in the datacast, the TrafficManager creates a new Weather Datacast Content schedule. He indicatesthat he wants “KSWeather” (a fictitious company for purposes of thisexample that has contracted with the system of the present invention toprovide weather data for Weather Datacast Content Packages) to be theWeather Datacast Content provider since he runs a Kansas station andthey have a good reputation for local Kansas weather information. Hethen indicates when he would like to start running this Weather DatacastContent by entering a start date. Once that information has beenentered, he can set the number of times to display that Weather DatacastContent and have it only display on the weekdays (exclude Sat and Sun)and set it to display specifically during his Morning Drive daypart. TheTraffic Manager can now see Weather Datacast Content on hisdatacast—only Monday through Friday, from 7:00 am to 10:00 am. EachDatacast Content must have its own schedule and activation protocols.Additionally, a Traffic Manager can create multiple schedules for eachDatacast Content package. All the actual data delivered as part of theDatacast Content package is provided by third party providers for thatspecific type of Datacast Content and is aggregated and maintained bythe system of the present invention according to the methods set forthin the section entitled “Datacast Content Aggregation.”

[0324] A key aspect of Data Scheduling that should be noted is that thesystem of the present invention does not enable the Traffic Manager tospecify exactly the number of times Datacast Content displays over aspecific period. Datacast Content is not associated with a station cutnumber (“cut”), rather it is inserted when the black box has determinedthat there is an opportunity to do so, thus recognizing an OCA. Thisprocess is described in detail in the section entitled “MultipurposeInternet Device” above.

[0325] The system of the present invention has been designed tocomplement or augment the analog audio broadcast, thus requiring cuesfrom the broadcast and delivering specific datacast elements to thedatacast when appropriate. Therefore, the analog broadcast controls the“clock” and is the only part of the broadcast that will be regularlyscheduled by the station. Much of what the system provides happensduring OCAs, all other data is delivered when triggered by a SCN. Theonly way for a Traffic Manager to guarantee the delivery of a set numberof Weather Datacast Content (in the example above) during the datacastwould be for him to associate all Weather Datacast Content with the cutID for weather announcements over the analog broadcast and base it onthat number of weather announcements.

[0326] Finally, it is important to discuss another aspect of theDatacast TS, and that is its ability to analyze and store all the APLgenerated by the station's black box. Much like in the traditionalbroadcast environment, APLs are necessary to ensure that everything thatwas scheduled to play during the datacast was actually delivered to theIBOC transmission by the Internet appliance or “black box.” Inaccordance with the invention, (and discussed in greater detail in thesection entitled “Multipurpose Internet Device), the system of thepresent invention has devised a way to generate APLs for the datacast,which are then uploaded to the system of the present invention's datarepository and stored. They are available to the Traffic Manager throughthe Datacast TMA, where the APLs can be retrieved from the datarepository and analyzed. The Traffic Manager is then able to determinewhich pieces of Datacast Content and which Datacast Advertisements (inother words, all the datacast elements) were “bumped” from the datacastand then initiate make-good actions when appropriate. This is necessaryfor the proper billing and accounting of sales orders involving datacastadvertisements.

[0327] The system of the present invention recognizes the fact that itis common in the industry for multiple stations to share one salesforce. Additionally, multiple stations may also share other familiarstation resources, such as Traffic Managers and Program Directors. TheDatacast SOES and Datacast TMA were designed to allow for these commonstation dynamics and are therefore flexible enough for one salespersonto enter datacast advertisement orders for multiple stations, or haveone Traffic Manager approve datacast advertisement orders for multiplestations. By example, the system of the present invention is an extendedsales force for every station in its network.

[0328] Data Aggregation and Transformation:

[0329] In general a radio station is not in the business of producingcontent. Where as they may produce some content, or provide content viaa talk format, a majority of their current audio content such as news,weather, music, traffic reporting, ads, etc. is purchased, bartered for,or contracted to play by the radio station. Additionally, this contentcan be delivered to a radio station in a multitude of formats, from avariety of sources, on different schedules. Some of the content has ashort life span such as news, weather, or traffic information, and mustcontinually be produced. Other content is produced once and used overand over, such as music or a particular ad.

[0330] There are many ways in which the radio station receives thiscontent. Music generally comes once by mail in the form of a compactdisc, or may be delivered by a music company representative. The radiostation uses equipment to transfer this content to its electronic musiclibrary. Ads may come digitally via satellite feed or a network such asthe Internet, or delivered on a media, such as a tape, by mail. Newsreports can come in from a wire service such as AP or Reuters. Manyradio stations produce weather segments by obtaining the weather fromfree services such as the national weather service, or from variousInternet sources. Other programs such as syndicated shows or trafficreports are fed in from other broadcast facilities. The originatingformats for all of this content can vary greatly and the radio stationmust maintain several different systems for transferring it to theiron-air systems.

[0331] Consequently, the present invention provides a process forcollecting datacast content from varying sources on a continual basisand preparing it for transmission with audio such that a receiver couldrender the data in a complimentary fashion. The system provides a singlesource and a central repository for all of the content used by radiostations for datacasts by performing the tasks of aggregating andformatting the data from various sources, as well as storing andsecuring it. This aggregation system provides transformation processesfor all types of data as described above. This includes data that iscontinually refreshed, produced on a one time basis, fed in from a wireor Internet source, an advertising agency, etc. The repository alsoreduces the amount of total content required for all radio stationssince much of the content that is used by radio stations is the same(e.g., music information, traffic reports in the same city, etc.)Furthermore, the invention makes wholesale improvements on the deliveryof data as compared to the delivery of audio by providing a uniformschema for understanding the data, as described above in the sectiontitled “data.”

[0332] Additionally, radio stations and advertisers have systems andtools that allow for the production of audio content for broadcast.These may be used to create station promos, jingles, ads, programmingcontent, etc. Thus, the invention provides tools that allow radiostations and advertisers to produce their own data content that isstored in the repository in the uniform schema that is provided theinvention. A detailed description of these tools is given in SectionDAPS. All this data is placed in the repository.

[0333] Finally, the data collected by the sales order entry andtrafficking systems described in the section titled “Data Traffickingand Scheduling” must be package for distribution to the individual radiostations that are responsible for fulfilling the requests for orders andcontent. Consequently, the system provides a process for extrapolatingthis data and packaging it in an appropriate manner for each station asis needed by the device described in the section titled “DataAutomation” on a regular and timely basis.

[0334] Data Communication through the Network:

[0335] An essential aspect in the streamlining of the data acquisitionprocess of the system is the ability to have data seamlessly transferredto a radio station after it has been aggregated and placed in therepository in a timely manner on a continual basis.

[0336] In accordance with this, the present invention provides thatbi-directional data transfers are required to occur between therepository and each individual radio station. A preferred method forconducting the communication is to have a device located at the radiostation that initiates a data transmission request through any wide areanetwork connection, whether this is the Internet, a point-to-pointconnection, etc. to the repository. For the purposes of this documentcommunicating in this fashion will be termed communicating on or with“the network”.

[0337] The device will initiate a data transmission with the network toreceive or send data. For example, the repository contains informationon orders for ads that have been placed through the SOES as described inthe section titled “Data Trafficking and Scheduling”. On a regular basisas it deems necessary, the device will ask the repository for theseorders, and any content and other radio station specific data that itrequires as defined in the section titled “Data Automation”. In anothercase, the device will initiate a data transfer to send data to thenetwork, such as the case where the device reports activity back to theserver, so that the radio station personnel can verify order and contentplacement in the datacast.

[0338] The determination that data needs to be retrieved depends uponthe nature of the data. Orders, for example, are most efficientlyretrieved on a daily or bi-daily schedule as dictated by the activity ofthe radio station sales force and production staff. Music data, on theother hand, can be retrieved more infrequently as the composition of astation's audio library does not change as often. In the case of moreephemeral data, such as weather, news, and traffic, etc., such data willneed timely and frequent updates, up to the minute in some cases.

[0339] Multiple types of data may be sent and/or received during asingle transmission. For this purpose a request mechanism (for thedevice) and response mechanism (for the repository) exists for each typeof data. A request mechanism will have the responsibility of identifyingthe type of data, recipient and method of transfer to the network.Likewise the response mechanism will have the responsibility ofaccepting a request and responding with the appropriate data. Forexample, there is a specific request mechanism presiding with the deviceand a response mechanism presiding with the repository for the transferof order information as given in the example above, as well as aspecific request mechanism presiding with the device and a responsemechanism presiding with the repository for the activity log.

[0340] In order to maintain data integrity, all transmission for aspecific data type will occur under a “transaction”. In this case, atransaction is a complete system process affecting the state of the dataand the system that either commits or rolls back. If a transactioncommits, all of its effects remain and the state of the data and thesystem will permanently change. If it rolls back, then all of itseffects are undone and the system is returned to its previous state. Atransaction always leads to a correct transformation of system state.

[0341] The invention defines an optimal placement of the burden ofcreating and policing transactions upon the response mechanism. In thisway, the response mechanism will start a new transaction, whennecessary, for a particular request. The device will process theresponse and send an acknowledgment to the network that indicateswhether the processing completely succeeded or experienced a failureduring processing of the data transmission. Upon receipt of theacknowledgment the network will close the transaction or continue ontothe next step of the transaction if multiple steps are required. Thedata state of failed transactions must be recoverable in all situations.

[0342] Multipurpose Internet Device:

[0343] In order to create a datacast as is described by the inventionthe data portion must be synchronized with the audio portion of thebroadcast. Synchronization is used here to indicate that the elements ofthe data portion and the audio portion must be timed properly in orderto coincide and provide a complimentary broadcast. The job of physicalsynchronization is beyond the scope of the invention. However, theinvention provides all of the appropriate information in a timely mannerto any device responsible for such synchronization and broadcast.

[0344] Thus, the invention provides for a mechanism that monitors thesystems in a radio station responsible for the audio portion of thebroadcast. The mechanism will have the responsibility of notifying adevice that interacts with the data that has been transferred via thenetwork and the stations digital transmission systems of the state ofthe audio broadcast. This includes the means to uniquely identify thecurrently playing audio as well as the upcoming audio selection. Themonitoring mechanism will have the ability to provide the length of theaudio selection or selections, the genre, and other attributesassociated with audio selections as defined by the audio system. Themonitoring mechanism will function as a proxy between the audio systemand the device that fulfills opportunistic commercial avails (OCAs) andnoncommercial avails (“ONCAs”) as well as the SCNs defined in SectionTAO.

[0345] An opportunistic avail, whether it is commercial, in other wordsan ad that was sold through the SOES, or non-commercial such as a dataweather report that was scheduled in the trafficking system is anopportunity to place data in the broadcasts to coincide with the audioportion at a given moment. These “avails” can be determined based uponany of the criteria as set forth by the sales order entry andtrafficking systems. They are also determined by the concept of relatedand independent as described in the section titled “Data”.

[0346] The device will dynamically build a set of avails and fill themwith data based upon the criteria indicated in the previous paragraph aswell as time the audio space is expected to air and the length of theaudio selection.

[0347] Radio Commerce or “rCommerce”:

[0348] The present invention provides a network that can move data fromits source through a radio station, insert it into a broadcast, anddelivery it to a user. The invention also provides a communicationarchitecture for receiving information back from the user. Thiscommunication is dependent upon the communication capabilities of thereceiver. Receivers that can communicate via the Internet or some otherwide area network communication architecture can return data to acentral point. This return data transmission, sometimes referred to asthe “return path,” could also be provided by devices not working inconjunction with the receiver, such as a WAP device or PC. The datareturned provides information about the user, information about the datathat was being rendered and information regarding the action that theuser desired to be performed. These actions are predefined by theinvention and are tied to the data in the broadcast. The definitions forthese data elements are encapsulated in the uniform schema that isprovided by the invention as detailed in Section titled DATA.

[0349] The data returned from the receiver is delivered to a gatewayprovided by the invention. The delivery address for the gateway isdetermined by information in the uniform data schema provided by theinvention (see Section titled DATA). The roll of the gateway is tolisten for requests from radio receivers, validate the data received,perform the action indicated in the data on behalf of the user andreturn information back to the user as to the status of the request.

[0350] The gateway listens on a publicly accessible network such as theInternet. This network must be reachable by the device sending therequest. The invention provides that the gateway can listen on amultiple of protocols (HTTP, WAP, etc.) as determined by thecapabilities of the device sending the request.

[0351] The gateway interacts with an order fulfillment device that takesthe information in a data object and conducts a predefined transaction.The concept of order does not necessarily indicate a financialtransaction, but can be any action that the invention defines. Theresult can be a purchase of an item, a request for more information viae-mail or mail, a response back to the radio station originating thebroadcast, etc.

[0352] The information provided to the gateway and the order processorrepresents the minimum amount of information that the user needs to sendto perform the action. The system provides all of the pertinentinformation. A portion of this data is supplied in the broadcast, and aportion of this is provided by the system itself. The data that isreturned identifies the user via a code of some sort, the actioncommand, and all or a portion of the content that was broadcast thatrelates to the request. All other information already resides in thesystem and is provided ahead of time by the user and by the systemitself. For example, users provide purchasing information (credit cardinformation, delivery address, e-mail address, preferences, etc.) to thesystem prior to conducting transactions. Each transaction defines theinformation it needs from the users as well as the information theproviders need to conduct the transaction and obtains this informationfrom the user information based upon the identity of the user.

[0353] An illustration of this is the case when the user likes, andostensibly wants to purchase, a particular song. By interacting with theradio in some fashion, such as by pressing a button, or verbally issuinga command to a voice response system in the radio, the user can initiatean action in the receiver (or some other device as explained above) thatsends a signal back to the gateway. Such functionality in a receiver isnot covered by this patent and is not in the domain of the invention,but rather a product of the developing receiver capabilities broughtabout by receiver, auto, and automotive computer system manufacturers aswell as wireless communication device manufacturers. The information isreceived by the gateway, validated, and handed to the order processor.The order processor uses the command in the request information totrigger an action. In this example, the action may be to send a purchaserequest to a contracted vendor that sells CDs on behalf of the listener.The listener will have already indicated the mode of delivery for theitem and that information is all part of the request.

[0354] In another example, the request may simply be to have an e-mailgenerated to the user requesting the phone number and more informationregarding an ad they heard or viewed.

[0355] In each case, the level of user interaction required at the timethe data is viewed of displayed is exactly the same.

[0356] The present invention has been described in detail, including thepreferred embodiments thereof. However, it will be appreciated thatthose skilled in the art, upon consideration of the present disclosure,may make modifications and/or improvements on this invention and stillbe within the scope and spirit of this invention as set forth in thefollowing claims.

What is claimed is:
 1. A method for providing data for a digital audiobroadcast comprising the steps of: (a) selecting content for thebroadcast; (b) selling advertising time for content selected; (c)creating data for content selected and advertising time sold; (d)aggregating content and advertising data together; (e) transferringaggregated content and data to a remote sight; and (f) incorporatingtransferred aggregate into digital audio broadcast.
 2. The method ofclaim 1, wherein a user has the ability to track the selection ofcontent, advertising time sold, and creation of advertising data.
 3. Themethod of claim 1, further comprising the step of receiving consumerresponse to aggregate content and advertisement.
 4. The method of claim1, wherein the selecting of content is accomplished using web-basedsoftware.
 5. The method of claim 1, wherein the selling of advertisingtime is accomplished using web-based software.
 6. The method of claim 1,wherein the selling of creating of data for ad time sold is accomplishedusing web-based software.
 7. The method of claim 2, wherein the trackingof selection of content, advertising time sold and the creation ofcontent are accomplished using web-based software.
 8. The method ofclaim 1, wherein the content for the broadcast is visual in nature. 9.The method of claim 1, wherein the content for the broadcast is auditoryin nature.
 10. The method of claim 1, wherein the ad data is visual innature.
 11. The method of claim 1, wherein the ad data is auditory innature.
 12. The method of claim 1, wherein step (a) is conducted in adata repository.
 13. The method of claim 1, wherein step (b) isconducted in a data repository.
 14. The method of claim 1, wherein step(c) is conducted in a data repository.
 15. The method of claim 1,wherein step (d) is conducted in a data repository.
 16. The method ofclaim 1, wherein step (e) is conducted on a data network.
 17. The methodof claim 1, wherein step (f) is conducted by an Internet appliance. 18.The method of claim 1, wherein step (a) further includes the steps of:(1) selecting the time at which the content will be broadcast; (2)selecting the length of time the content will be broadcast, (3)selecting the frequency of broadcast, (4) selecting if the content willcorrespond to a particular audio portion of the digital audio broadcast;(5) selecting the location of the content on a receiving device; (6)selecting the specific station from which the content will broadcast;and (7) selecting the starting and ending dates for conducting the abovesteps.
 19. The method of claim 1, wherein step (b) further includes thesteps of: (1) selecting the criteria for advertisement; (2) selectingthe time at which the content will be broadcast; (3) selecting thelength of time the content will be broadcast; (4) selecting thefrequency of broadcast; (5) selecting if the content will correspond toa particular audio portion of the digital audio broadcast; (6) selectingthe location of the content on a receiving device; (7) selecting thespecific station from which the content will broadcast; (8) selectingthe unit price or cost for broadcasting data; and (9) selecting thestarting and ending dates for the above.
 20. The method of claim 1,wherein step (c) further comprises the steps of: (1) viewing theparameters from steps (a) and (b); (2) uploading or downloading data forcreation; and (3) complying with standards for IBOC digital audiobroadcast.
 21. The method of claim 1, further including the step ofdynamically monitoring the audio broadcast portion of the digital audiobroadcast by an Internet appliance.
 22. The method of claim 1, whereinstep (e) is accomplished using standardized XML schema for datapackaging.
 23. The method of claim 1, wherein step (e) is accomplishedusing HTTP/SSL communication.
 24. A system for providing data for adigital audio broadcast having a central server where the data for thedigital broadcast is compiled, a data network for transferring thecompiled data, and an Internet appliance connected to both the centralserver and the data network, for receiving the transferred data andincorporating the data into the digital audio broadcast.
 25. The systemof claim 24, wherein a user has the ability to track the selection ofcontent, advertising time sold, and creation of advertising data. 26.The system of claim 24, further comprising data storage for receivingconsumer responses to aggregate content and advertisements.
 27. Thesystem method of claim 24, wherein the selection of content isaccomplished using web-based software.
 28. The system of claim 24,wherein the selling of advertising time is accomplished using web-basedsoftware.
 29. The system of claim 24, wherein the selling of creating ofdata for ad time sold is accomplished using web-based software.
 30. Thesystem of claim 25, wherein the tracking of selection of content,advertising time sold and the creation of content are accomplished usingweb-based software.
 31. The system of claim 24, wherein the content forthe broadcast is visual in nature.
 32. The system of claim 24, whereinthe content for the broadcast is auditory in nature.
 33. The system ofclaim 24, wherein the advertising data is visual in nature.
 34. Thesystem of claim 24, wherein the advertising data is auditory in nature.35. The system of claim 24, further including software and/or hardwarefor: (1) selecting the time at which the content will be broadcast; (2)selecting the length of time the content will be broadcast, (3)selecting the frequency of the broadcast, (4) selecting if the contentwill correspond to a particular audio portion of the digital audiobroadcast; (5) selecting the location of the content on a receivingdevice; (6) selecting the specific station from which the content willbroadcast; and (7) selecting the starting and ending dates forconducting the above steps.
 36. The system of claim 24, furtherincluding software and/or hardware for: (1) selecting the criteria foradvertisement; (2) selecting the time at which the content will bebroadcast; (3) selecting the length of time the content will bebroadcast; (4) selecting the frequency of broadcast; (5) selecting ifthe content will correspond to an audio portion of the digital audiobroadcast; (6) selecting the location of content on receiving device;(7) selecting the specific station from which it will broadcast; (8)selecting the unit price or cost for broadcasting data; and (9)selecting the starting and ending dates for the above.
 37. The system ofclaim 24, further including software and/or hardware for: (1) viewingthe parameters from steps (a) and (b); (2) uploading or downloading datafor creation; and (3) complying with standards for IBOC digital audiobroadcast.
 38. The system of claim 24, further comprising an Internetappliance comprising software and/or hardware for dynamically monitoringthe audio broadcast portion of the digital audio broadcast.
 39. A systemfor providing data for on a digital broadcast comprising the steps of:(a) providing a central server; (b) providing an Internet appliance; (c)providing a data network connecting the central server and the Internetappliance; (d) providing a device for taking orders for advertisementson broadcast on the central server; (e) providing a device for creatingdata for broadcast on the central server; (f) providing a device foraggregating data on the central server for transfer to the Internetappliance; transferring aggregated data over data network; (g) providinga device for receiving data transferred over data network on theInternet appliance; and (h) providing a device for incorporatingreceived data into an IBOC digital broadcast using the Internetappliance.
 40. The system of claim 39, wherein a user has the ability totrack the selection of content, advertising time sold, and creation ofadvertising data.
 41. The system of claim 39, further data storage forreceiving consumer response to aggregate content and advertisement. 42.The system method of claim 39, wherein the selection of content isaccomplished using web-based software.
 43. The system of claim 39,wherein the selling of advertising time is accomplished using web-basedsoftware.
 44. The system of claim 39, wherein the selling of creating ofdata for ad time sold is accomplished using web-based software.
 45. Thesystem of claim 39, wherein the tracking of selection of content,advertising time sold and the creation of content are accomplished usingweb-based software.
 46. The system of claim 39, wherein the content forthe broadcast is visual in nature.
 47. The system of claim 39, whereinthe content for the broadcast is auditory in nature.
 48. The system ofclaim 39, wherein the advertising data is visual in nature.
 49. Thesystem of claim 39, wherein the advertising data is auditory in nature.50. The system of claim 39, further including software and/or hardwarefor: (1) selecting the time at which the content will be broadcast; (2)selecting the length of time the content will be broadcast; (3)selecting the frequency of the broadcast; (4) selecting if the contentwill correspond to a particular audio portion of the digital audiobroadcast; (5) selecting the location of the content on a receivingdevice; (6) selecting the specific station from which the content willbroadcast; and (7) selecting the starting and ending dates forconducting the above steps.
 51. The system of claim 39, furtherincluding software and/or hardware for: (1) selecting the criteria foradvertisement; (2) selecting the time at which the content will bebroadcast; (3) selecting the length of time the content will bebroadcast; (4) selecting the frequency of the broadcast; (5) selectingif the content will correspond to a particular audio portion of thedigital audio broadcast; (6) selecting the location of the content on areceiving device; (7) selecting the specific station from which thecontent will broadcast; (8) selecting the unit price or cost forbroadcasting data; and (9) selecting the starting and ending dates forconducting the above steps.
 52. The system of claim 39, furtherincluding software and/or hardware for: (1) viewing the parameters fromsteps (a) and (b); (2) uploading or downloading data for creation; and(3) complying with standards for IBOC digital audio broadcast.
 53. Thesystem of claim 39, further comprising software and/or hardware fordynamically monitoring the audio broadcast portion of the digital audiobroadcast via an Internet appliance.
 54. A system for providing data onan in-band, on-channel (IBOC) FM digital audio broadcast comprising: (a)hardware and/or software under control of a client system and providing:(1) means for requesting content; (2) means for requesting advertising;(3) means for creating data; and (4) means for monitoring the requestsand data creation; (b) hardware and/or software under control of acentral server system and providing: (1) means for receiving requests;(2) means for storing data; (3) means for aggregating data for transfer;(c) hardware and/or software under control of an Internet appliance incommunication with parts (a) and (b) defined above, and furtherproviding: (1) means for receiving transferred aggregate data; and (2)means for dynamically incorporating data into the IBOC broadcast. 55.The system of claim 54, wherein the user has the ability to track theselection of content, advertising time sold, and creation of advertisingdata.
 56. The system of claim 54, further comprising data storage forreceiving consumer responses to aggregate content and advertisements.57. The system of claim 54, wherein the means for selection of contentcomprises web-based software.
 58. The system of claim 54, wherein themeans for the selling of advertising time comprises web-based software.59. The system of claim 54, wherein the means for the selling ofcreating of data for ad time sold comprises web-based software.
 60. Thesystem of claim 54, wherein the means for tracking of selection ofcontent, advertising time sold and the creation of content compriseweb-based software.
 61. The system of claim 54, wherein the content forthe broadcast is visual in nature.
 62. The system of claim 54, whereinthe content for the broadcast is auditory in nature.
 63. The system ofclaim 54, wherein the advertising data is visual in nature.
 64. Thesystem of claim 54, wherein the advertising data is auditory in nature.65. The system of claim 54, further including software and/or hardwarefor: (1) selecting the time at which the content will be broadcast; (2)selecting the length of time the content will be broadcast; (3)selecting the frequency of the broadcast; (4) selecting if the contentwill correspond to a particular audio portion of the digital audiobroadcast; (5) selecting the location of the content on a receivingdevice; (6) selecting the specific station from which the content willbroadcast; and (7) selecting the starting and ending dates forconducting the above steps.
 66. The system of claim 54, furtherincluding software and/or hardware for: (1) selecting the criteria foradvertisement; (2) selecting the time at which the content will bebroadcast; (3) selecting the length of time the content will bebroadcast; (4) selecting the frequency of the broadcast; (5) selectingif the content will correspond to a particular audio portion of thedigital audio broadcast; (6) selecting the location of the content on areceiving device; (7) selecting the specific station from which thecontent will broadcast; (8) selecting the unit price or cost forbroadcasting data; and (9) selecting the starting and ending dates forconducting the above steps.
 67. The system of claim 54, furtherincluding software and/or hardware for: (1) viewing the parameters fromsteps (a) and (b); (2) uploading or downloading data for creation; and(3) complying with standards for IBOC digital audio broadcast.
 68. Thesystem of claim 54, further comprising software and/or hardware fordynamically monitoring the audio broadcast portion of the digital audiobroadcast.
 69. A system for conducting datacast advertisement strategicplacement, in which market research data and selection softwarecooperate to enable a user to efficiently and effectively targetspecific demographic audiences with their datacast advertisements withinan integrated network of datacasters.
 70. A process by which theInternet appliance calculates opportunistic commercial avails andopportunistic non-commercial avails for the purposes of insertingappropriate datacast elements into the datacast, said process comprisingthe steps of: (a) dynamically monitoring of the audio broadcast by theInternet appliance; (b) calculating the presence of one or moreopportunistic commercial avails and one or more opportunisticnon-commercial avails; and (c) inserting appropriate datacast elementsinto the datacast based upon said calculations.
 71. A method for theprocessing of transactions between the datacast consumer and the datadisplayed or heard on an IBOC receiver device, said method comprisingthe following steps: (1) maintaining inventory codes that can be appliedto and later identify all transactionable datacast elements; (2)defining actions that can be performed for all transactionable datacastelements; (3) assigning actions to every transactionable datacastelement; (4) providing a transaction gateway that listens for aconsumer's transaction request from any return path; (5) providing oneor more transaction engines that perform the appropriate action for thatdatacast element and confirms completion of the action for the consumer;and (6) providing a consumer-centric commerce web site where consumerscan setup accounts, gathering all necessary information for thecompletion of the transaction.